Bill Text: TX HB38 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to prohibiting the manufacture, assembly, or ownership of unmarked firearms; creating a criminal offense; authorizing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-11 - Referred to Homeland Security & Public Safety [HB38 Detail]
Download: Texas-2019-HB38-Introduced.html
86R1485 JCG-D | ||
By: Canales | H.B. No. 38 |
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relating to prohibiting the manufacture, assembly, or ownership of | ||
unmarked firearms; creating a criminal offense; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 411, Government Code, is amended by | ||
adding Subchapter H-1 to read as follows: | ||
SUBCHAPTER H-1. MARKING OF UNMARKED FIREARMS REQUIRED | ||
Sec. 411.221. DEFINITION. In this subchapter, "firearm" | ||
has the meaning assigned by Section 46.01, Penal Code. | ||
Sec. 411.222. APPLICABILITY. (a) Except as provided by | ||
Subsections (b) and (c), this subchapter applies only to a firearm | ||
that has not been: | ||
(1) assigned a unique serial number or other mark of | ||
identification under federal law or the law of this state or another | ||
state; and | ||
(2) marked with that serial number or mark in a manner | ||
that meets or exceeds the requirements imposed under federal law on | ||
licensed importers and licensed manufacturers of firearms for | ||
marking imported or manufactured firearms with a serial number. | ||
(b) This subchapter does not apply to: | ||
(1) a firearm, other than a handgun, manufactured or | ||
assembled before December 16, 1968; | ||
(2) a firearm that is a curio or relic, as those terms | ||
are defined by 27 C.F.R. Section 478.11, or an antique firearm, as | ||
that term is defined by 27 C.F.R. Section 479.11; or | ||
(3) a firearm assigned a unique serial number or other | ||
mark of identification for the purpose of entering a description of | ||
the firearm into a criminal intelligence database. | ||
(c) This subchapter does not apply to the importation or | ||
manufacture of a firearm by a person licensed under federal law to | ||
engage in the business of importing or manufacturing firearms, if | ||
the firearms imported or manufactured by that person are marked | ||
with a unique serial number in compliance with federal law. | ||
Sec. 411.223. RULEMAKING AUTHORITY; ADMINISTRATION. (a) | ||
The director shall adopt rules necessary to implement this | ||
subchapter. | ||
(b) The department shall: | ||
(1) administer this subchapter and the rules adopted | ||
by the director under Subsection (a); and | ||
(2) take action necessary to ensure compliance with | ||
this subchapter. | ||
Sec. 411.224. FEE. To cover the cost of administering this | ||
subchapter, the department may collect a reasonable fee from an | ||
applicant for a unique serial number or other mark of | ||
identification under this subchapter. | ||
Sec. 411.225. MARKING REQUIREMENTS FOR MANUFACTURING OR | ||
ASSEMBLING FIREARMS. A person who manufactures or assembles a | ||
firearm to which this subchapter applies shall: | ||
(1) before manufacturing or assembling the firearm, | ||
apply to the department for a unique serial number or other mark of | ||
identification; | ||
(2) not later than the 10th day after the date of | ||
manufacturing or assembling the firearm or the date of receiving a | ||
serial number or mark provided by the department, whichever is | ||
later: | ||
(A) in a manner that meets or exceeds the | ||
requirements described by Section 411.222(a)(2), permanently affix | ||
to the firearm the serial number or mark provided by the department; | ||
or | ||
(B) if the firearm is composed primarily of parts | ||
made out of plastic, permanently affix to a piece of steel the | ||
serial number or mark provided by the department and embed that | ||
marked piece of steel in the firearm in a manner that meets or | ||
exceeds the requirements of the Undetectable Firearms Act of 1988 | ||
(18 U.S.C. Section 922(p)) and the requirements described by | ||
Section 411.222(a)(2); and | ||
(3) after permanently affixing to the firearm the | ||
serial number or mark provided by the department, as described by | ||
Subdivision (2), notify the department in a manner prescribed by | ||
the department: | ||
(A) that the serial number or mark has been | ||
affixed to the firearm; and | ||
(B) of the name of the owner of the firearm. | ||
Sec. 411.226. MARKING REQUIREMENTS FOR UNMARKED FIREARMS. | ||
(a) Except as provided by Subsection (b), a person who owns a | ||
firearm to which this subchapter applies shall, not later than the | ||
30th day after the date the person acquires the firearm or enters | ||
this state with the firearm: | ||
(1) apply to the department for a unique serial number | ||
or other mark of identification; | ||
(2) not later than the 10th day after the date of | ||
receiving a serial number or mark provided by the department: | ||
(A) in a manner that meets or exceeds the | ||
requirements described by Section 411.222(a)(2), permanently affix | ||
to the firearm the serial number or mark provided by the department; | ||
or | ||
(B) if the firearm is composed primarily of parts | ||
made out of plastic, permanently affix to a piece of steel the | ||
serial number or mark provided by the department and embed that | ||
marked piece of steel in the firearm in a manner that meets or | ||
exceeds the requirements of the Undetectable Firearms Act of 1988 | ||
(18 U.S.C. Section 922(p)) and the requirements described by | ||
Section 411.222(a)(2); and | ||
(3) after permanently affixing to the firearm the | ||
serial number or mark provided by the department, as described by | ||
Subdivision (2), notify the department in a manner prescribed by | ||
the department: | ||
(A) that the serial number or mark has been | ||
affixed to the firearm; and | ||
(B) of the name of the owner of the firearm. | ||
(b) A person who owns a firearm to which this subchapter | ||
applies, who has obtained for that firearm a unique serial number or | ||
other mark of identification as described by Section 411.222(a)(1), | ||
but who has not yet permanently affixed the number or mark to the | ||
firearm, promptly shall permanently affix the applicable number or | ||
mark to the firearm as provided by Subsection (a)(2)(A) or (B). | ||
Sec. 411.227. SALE OR TRANSFER OF UNMARKED FIREARMS | ||
PROHIBITED; EXCEPTION; DUTY TO DESTROY. (a) A person may not sell | ||
or otherwise transfer ownership of a firearm to which this | ||
subchapter applies unless the person sells or otherwise transfers | ||
ownership of the firearm to a law enforcement agency. | ||
(b) Notwithstanding Article 18.18, 18.19, or 18.191, Code | ||
of Criminal Procedure, a law enforcement agency that purchases or | ||
otherwise obtains ownership of a firearm to which this subchapter | ||
applies shall destroy the firearm. | ||
Sec. 411.228. SERIAL NUMBER ISSUANCE; APPLICATION. (a) The | ||
department shall issue a unique serial number or other mark of | ||
identification to an applicant who meets all the eligibility | ||
requirements and submits all the application materials as described | ||
by this subchapter. | ||
(b) An applicant for a unique serial number or other mark of | ||
identification must: | ||
(1) on each occasion the applicant requests a serial | ||
number or mark for a firearm to which this subchapter applies, | ||
provide the department information sufficient to enable the | ||
department to determine that the applicant is not prohibited by | ||
state or federal law from possessing each firearm included in the | ||
application; | ||
(2) provide proof of identity and age showing that the | ||
applicant is 18 years of age or older; | ||
(3) provide a description of the firearm to which this | ||
subchapter applies that the applicant owns or intends to | ||
manufacture or assemble; | ||
(4) provide any other information the department may | ||
require; and | ||
(5) pay any applicable fee prescribed by the | ||
department. | ||
(c) The department shall review and either approve or deny | ||
an application not later than the 15th day after the date the | ||
department receives the application. The department shall notify | ||
the applicant in writing if the department denies the application | ||
and include a detailed description of the reason for the denial. | ||
Sec. 411.229. OFFENSE. (a) A person commits an offense if | ||
the person: | ||
(1) manufactures or assembles a firearm to which this | ||
subchapter applies and fails to comply with Section 411.225; | ||
(2) owns a firearm to which this subchapter applies | ||
and fails to comply with Section 411.226; or | ||
(3) in violation of Section 411.227, sells or | ||
otherwise transfers ownership of a firearm to which this subchapter | ||
applies. | ||
(b) An offense under this section is a Class B misdemeanor, | ||
except that the offense is a Class A misdemeanor if the firearm is a | ||
handgun. | ||
(c) For purposes of this section, each firearm | ||
manufactured, assembled, or owned in violation of this subchapter | ||
is a separate offense. | ||
(d) If conduct that constitutes an offense under this | ||
section also constitutes an offense under any other law, the actor | ||
may be prosecuted under this section, the other law, or both. | ||
Sec. 411.230. PUBLIC INFORMATION. The department shall | ||
make available on the department's Internet website: | ||
(1) the number of unique serial numbers or other marks | ||
of identification issued under this subchapter; and | ||
(2) the number of arrests and convictions for an | ||
offense under Section 411.229. | ||
SECTION 2. As soon as practicable after September 1, 2019, | ||
the Department of Public Safety of the State of Texas shall adopt | ||
rules as required by Subchapter H-1, Government Code, as added by | ||
this Act. | ||
SECTION 3. (a) Except as provided by Subsections (b) and (c) | ||
of this section, this Act takes effect September 1, 2019. | ||
(b) Sections 411.225 and 411.229(a)(1), Government Code, as | ||
added by this Act, take effect September 1, 2021. | ||
(c) Sections 411.226 and 411.229(a)(2), Government Code, as | ||
added by this Act, take effect September 1, 2022. |